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Orissa High CourtWPC(OA)/393/2018disposed off

Kamal Kanta Mohanty v. State Of Odisha

2022-09-13Mr. Justice Biraja Prasanna Satapathy2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) (OA) No.393 of 2018 Kamal Kanta Mohanty ....

Petitioner -versusState of Odisha & Ors.

.... Opposite Parties COROM:

JUSTICE BIRAJA PRASANNA SATAPATHY

ORDER

13.09.2022

01. 1.

This matter is taken up through Hybrid Mode.

Order No 2.

Heard learned counsel for the Petitioner and learned counsel for the State- Opposite Parties.

3.

The Petitioner has filed the present Writ Petition with the following prayer:- "(i) Direct the Respondents to release the amount in GPF A/c No.35165 EDN(O) under Annx-5 with interest at the prevailing rate from the date of due till the date of payment and the Respondent No.3 be directed to draw and disburse the GPF amount with interest to the applicant.

(ii) Direct the Resp. No.3 to release the GIS amount in GIS Pass Book No. ED 6686 under Annex.6.

(iii) Pass any other order / orders as deemed fit and proper in favour of the applicant".

5.

Learned counsel for the Petitioner submitted that the Petitioner while continuing as Lecturer in Political Science in Ravenshaw College, Cuttack, he was removed from

// 2 // service vide office order dated 03.02.2006 under Annexure4. 6.

Learned counsel for the Petitioner fairly submitted that challenge being made, the order of dismissal has been upheld by this Court.

7.

Learned counsel for the Petitioner further submitted that even though there is no dispute that the Petitioner has been removed from service, but he is entitled to get the GPF & GIS amount, which has not yet been released in his favour in spite of several approach.

8.

Considering the innocuous nature of prayer, this Court while disposing the Writ Petition permits the petitioner to file an application before the Opposite Party No.1 in that regard. It is observed that if any such application is filed within a period of two weeks from today, the Opposite Party No.1 shall take all effective steps for release of the GPF & GIS amount along with accrued interest in favour of the petitioner within a period of two months from the date of receipt of such representation, if there is no other legal impediment.

9.

With the aforesaid observations and directions, the Writ Petition is disposed of.

(Biraja Prasanna Satapathy) Judge Subrat